Terms and Conditions: Wotoma Transport Private Limited

Terms and Conditions

 

Terms and conditions of service of Wotoma Transport Private Limited (web and app)

This legal document is an electronic record in reference to the amended provisions related to

electronic records under the Information Technology Act, 2000 and applicable rules and various

laws as amended by the Information Technology Act, 2000. This electronic record is generated

by a computer system and does not require any physical or digital signature.

These terms of service apply to all users who use the Wotoma Transport Pvt. Ltd. website and

app and its integrated system. In this context, users shall be deemed service partners of Wotoma

Transport Pvt. Ltd., which includes its owners, managers, staff members, and actual end-users

who use the Wotoma Transport Pvt. Ltd. web and app to connect with Wotoma Transport Pvt.

Ltd. service partners for their transportation needs.

By using this website, clicking the “I Accept/I Agree” button, or completing the registration

process, you explicitly agree and accept that you have reviewed these terms of service, given

your consent, and accepted this agreement.

Objective of Wotoma Transport Pvt. Ltd.

We act as an intermediary service provider between all customers and vehicle owners, and the

connected transporters who wish to book the services of all loader vehicles and mining and

construction vehicles, as well as truck drivers/owners who want to provide services to customers.

  1. Wotoma Transport Private Limited is the sole service provider between

customers/corporate clients, vehicle owners, and the associated transport and transporters.

Wotoma Transport Private Limited shall not be liable for any damage/loss.

  1. The business rules/terms and conditions generated by the associated transport and

transporters connected with Wotoma Transport Private Limited (as per transport business

rules) shall be applicable to customers/corporate clients, vehicle owners, and the

connected transport and transporters.

Wotoma Transport Private Limited is an online platform where transporters from different states

and districts join and work. The connected transporter who generates the consignment note

(bilty) shall take full responsibility for the customer, corporate customer, and vehicle owner (as

 

per transport business rules). Wotoma Transport Private Limited shall not be held responsible for

any type of compensation.

According to the business rules of the transporters and transport partners associated with

Wotoma Transport Private Limited:

  1. If the consigner sends any illegal goods (such as illegal drugs, animals, etc.), the full

responsibility for such goods will lie with the consigner.

  1. The transporters and transport partners are not responsible for any damage, shortage,

leakage, fire, theft, spoilage, or water damage, nor for the drying or deterioration of

perishable items like fresh fruits, etc.

  1. The total payment for the goods will be made after deducting freight, tolls, and other

applicable charges.

  1. The consignee must fully inspect and be satisfied with the goods at the time of delivery. No

claims will be entertained afterward. If goods are not received, the concerned

transporter/transport partner (who issued the consignment note) must be notified in writing

within one week.

  1. If the consignee or their agent travels with the goods on the vehicle, they will be entirely

responsible for the goods’ care and any related expenses such as tolls. In the case of an accident,

no claim of any kind will be entertained by the agency or the associated transporter.

  1. In the event of vehicle breakdown or delay in delivery for any reason, the

transporter/transport partner will not be held liable. However, efforts will be made to deliver the

goods as soon as possible. The transporter/transport partner is also not liable for any loss due to

fire or looting.

  1. If the vehicle breaks down en route, it will be the driver’s or owner's responsibility to

arrange for the safe delivery of the goods using another truck. Otherwise, the associated

transporter/transport partner has full right to send the goods and recover all related expenses

from the vehicle owner.

  1. If a trader does not insure their goods and loads them onto the truck, the transporter will not

be held responsible in any way.

  1. Any dispute between the associated transporter and the customer will fall under the

jurisdiction of the district from which the consignment note (bilty) was issued.

  1. When a driver takes goods on behalf of a trader, all responsibility for the security and safety

of the goods will lie with the vehicle owner.

  1. Customers/corporate customers and vehicle owners must be fully satisfied with each other

before loading the goods.

 

  1. If the driver receives the goods on behalf of the vehicle owner, both the owner and the

driver are jointly and individually responsible for delivering the goods to the consignee.

  1. To operate its online platform, Wotoma Transport Private Limited receives the following

types of information voluntarily from customers/corporate customers, vehicle owners,

drivers, and connected transporters:

Customers/corporate customers provide their company information

Vehicle owners provide vehicle documents

Drivers provide their complete personal information

Some of the information includes:

  1. Aadhaar Card
  2. PAN Card
  3. Mobile Number
  4. Name
  5. Address
  6. Email ID
  7. GST Number
  8. CIN Number
  9. Vehicle Documents and Driving License
  10. Any documents or information collected by Wotoma Transport Private Limited from

associated customers/corporate customers, vehicle owners, transporters, and drivers will

always be kept confidential and will be used only for the limited, permitted purpose of

providing services.

  1. If any associated transporter, vehicle owner, or customer/corporate customer shares

mobile numbers or any other personal information with each other during chat and as a result

the booking is not approved and they proceed to make a direct booking with each other, this

will be considered a violation against Wotoma Transport Private Limited. In such cases,

Wotoma Transport Private Limited reserves the full right to block such users.

  1. Any case of fraud, embezzlement, or commissions for personal monetary gain that go

against the interests of Wotoma Transport Private Limited will be treated seriously.

A1. At any point, the vehicle owner must not tamper with, damage, open, or interfere with

the customer/corporate customer's goods, unless explicitly authorized to do so. If any

tampering, damage, or opening of the packaging by the vehicle owner causes loss to the

customer/corporate customer, the vehicle owner will be responsible for compensating for

the damages.

B1. While logged in on the Wotoma Transport Private Limited platform, the vehicle owner

must not engage in any illegal activity or perform any action that is against the applicable

laws.

 

Obligations of Users

  1. Customers/Corporate Customers, Vehicle Owners, and Associated Transporters

must register/login using a mobile number registered with the Wotoma app and must

create their own password or use one provided by the company.

o Only one active login per mobile number is allowed.

o Users are prohibited from selling, trading, or transferring their login

credentials to any other party.

 

  1. All users entering into this agreement, including customers/corporate customers,

vehicle owners, and transporters, must be legally capable under the Indian Contract

Act, 1872 and not below 18 years of age.

  1. All information provided by users must be true and correct. Any information that may

affect the delivery or performance of services must not be concealed from Wotoma

Transport Private Limited.

  1. To register as a customer/corporate customer, vehicle owner, or transporter, the user

must be at least 18 years of age.

  1. Wotoma Transport Private Limited reserves the right to terminate this agreement

with any user without providing a reason.

  1. The term "Wotoma Transport Private Limited" includes:

o The mobile application/website interface provided to users.

o All back-end technology enabling service delivery, order/request tracking, and

system management.

 

  1. quot;Intellectual Property Rights" includes, but is not limited to:

o Copyrights (registered or unregistered), patents, trademarks, trade names,

trade dress, house marks, collective marks, and certification marks.

o Design rights (both industrial and layout).

o Geographical indications, moral rights, broadcasting rights, distribution

rights, resale rights, domain names, internet addresses, graphics, logos,

artworks, software, configurations, marketing and distribution materials.

o All rights relating to the intellectual property used and/or owned by Wotoma

Transport Private Limited, including www.wotoma.com.

 

  1. "Customer/Corporate Customer, Vehicle Owner, Transporter, and Driver

Information" refers to any personal data collected by Wotoma Transport Private

Limited, including:

o Government-issued documents (e.g., vehicle registration certificates, insurance

copies, driving licenses, ID proofs, residence proofs),

o Location data, ownership proofs, registration details,

o And any other information deemed necessary for compliance under applicable

welfare laws.

 

Registration and Communication

Registration:

 

You may register on the Wotoma Transport Pvt. Ltd. web and app platform using your

Facebook, Google+, or Email account. By doing so, you authorize us to access your

Facebook/Google+/Email profile details in order to complete your registration on Wotoma

Transport Pvt Ltd.

You are solely responsible for maintaining the confidentiality of your login credentials. You

hereby acknowledge and agree that the platform will grant access to any individual using your

credentials in the same manner as it would grant access to you. You are responsible for all

activities conducted under your account.

The company, its employees, or associates shall not be held liable in any manner for any loss

resulting from such security breaches.

You agree to not use the Wotoma Transport Pvt. Ltd. web and app for any purpose other

than those explicitly permitted, including any activity not permitted under applicable law.

While registering or at any other time when prompted by the platform, you agree to provide true,

accurate, and complete information. You are prohibited from misrepresenting your identity

and agree not to impersonate another user or login/register using another person's identity.

You are responsible for keeping your information accurate, current, and complete at all

times. If any information you provide is found to be false, incorrect, outdated, or incomplete,

or if the company has reasonable grounds to suspect such, or if it violates the user agreement in

any way, the company reserves the right to suspend, terminate, or block your access to the

platform indefinitely.

Electronic Communication:

You agree to stay updated with all data, information, and communications made available to

you by the company through the platform.

You also agree that your use of the platform, or your provision of data/information to the

company (including correspondence via email or other means), constitutes an electronic record,

and you consent to receive communications from the company via electronic records, which

shall be deemed to constitute sufficient service of notice.

Technical Requirements:

Users can register/login on Wotoma Transport Pvt. Ltd. platform only if they meet the

necessary technical requirements, which include:

A PC/tablet, and

Broadband internet or at least 3G internet connection.

Ensuring the availability and proper functioning of these technical requirements is the sole

responsibility of the user.

 

Instructions on how to use wotoma transport pvt ltd. will be made available on the homepage

of the platform. All users must read and follow these instructions to access and use the

platform.

The user agrees that Wotoma Transport Pvt. Ltd. shall not be held responsible for any issues

arising due to failure to follow these instructions, or due to any reason beyond the control of the

platform that prevents the user from using it as intended.

You also permit the company to store the details and records of your usage of the web

indefinitely.

However, there is no obligation on the part of the company or the web to do so.

Eligibility

Use of or access to this web platform is permitted only to individuals who can enter into legally

binding contracts under the Indian Contract Act, 1872.

Individuals who are incompetent to contract within the meaning of the Indian Contract Act,

1872, including minors, persons of unsound mind, and insolvent persons, are not eligible to use

the web.

Minors are not allowed to access or register as users on the web.

In the case of registration by an entity, by accepting the user agreement, you represent that such

an entity has sufficient authority under applicable law to enter into and accept this user

agreement.

  1. Mining and Construction Vehicle Rules

Once a mining or construction vehicle is booked, the entire responsibility lies with the vehicle

owner.

We neither determine nor collect any fare, nor do we decide how many days the vehicle is to be

provided for — all such responsibilities lie solely with the vehicle owner.

We merely provide a platform that connects the customer and the vehicle owner, for which we

 

Payment Cancellation Policy — Wotoma Transport Pvt.

Ltd.

  1. If an individual customer or vehicle owner cancels a booking, the bility charges and

GST are non-refundable. This policy applies to both loader vehicles and mining &

construction vehicles.

  1. If an individual customer or corporate customer cancels the booking, the vehicle

owner will receive a full refund, including bility charges and GST.

  1. If a vehicle owner cancels the booking, the individual customer will receive a full

refund, including bility charges and GST.

  1. If a booking is canceled, the associated transporter will not receive the bility charges.
  2. Booking cancellation will not be possible after the transporter uploads the bility
  3. Before accepting the handover of goods, customers or corporate clients must verify the

following documents from the truck operator:

  1. Vehicle Registration Certificate (RC)
  2. Truck Operator’s Aadhar Card and other photo ID proof
  3. Vehicle Insurance
  4. Vehicle Permit
  5. Vehicle Fitness Certificate

 

If any document is found to be invalid or incorrect, the transporter who created the

bility must be notified immediately, and Wotoma Transport Pvt. Ltd. must also be

informed so that the booking can be canceled promptly.

Wotoma Transport Pvt. Ltd. is not liable in any manner for rent/payment between the

shipper and the loader truck or mining & construction vehicle operator. It is solely the

shipper’s responsibility to verify and cross-check all documents and the authenticity of

the truck operator before handing over the load and/or making any payment.

  1. Wotoma Transport Pvt. Ltd. holds no liability or responsibility for any disputes arising

from transactions between loader truck/mining & construction vehicle operators and

individual or corporate customers.

  1. Wotoma Transport Pvt. Ltd. works only on a commission basis. The company neither

collects nor decides the freight charges. It is the sole responsibility of the vehicle

owner or their appointed driver to determine and collect the freight charges.

  1. Wotoma Transport Pvt. Ltd. is not responsible for the accuracy of any information

provided by any party on the platform, and cannot be held liable for any load issues,

delays, or deficiencies in the truck operator’s service.

  1. If a truck arrives at the customer's location and loading is delayed, a waiting charge

between ?1000 to ?5000 per day may apply, depending on the type of vehicle. If the

vehicle remains unloaded and returns empty, the customer must pay fuel charges to the

driver.

 

  1. By using our services, you agree and acknowledge that you trust in our success story

and our services. Before selecting and paying for services, you agree and accept that you

have thoroughly evaluated our offerings based on your requirements. You further agree

and acknowledge that delivering services involves achieving multiple milestones, and

hence, refunds will be difficult to provide.

  1. You agree and accept that you must notify us to cancel a booking request. You will

provide full booking details through our customer service interface. If the cancellation

request is valid under Wotoma Transport Pvt. Ltd. policies, the bility charges may be

refunded within 15 days from the date of accepted cancellation.